Family Court's Finding Regarding Previous Marriage Can Be Relied On To Quash Complaint About Bigamy Under Section 494/495 IPC : Supreme Court

The Supreme Court recently observed that a High Court's decision to allow the criminal proceeding to proceed for offences under Sections 494 and 495 of the Indian Penal Code - which deal with bigamy - despite the Family Court's finding that the wife did not have a subsisting prior marriage, would constitute an abuse of the process.The Cout observed reference to the Family Court's...

No Concrete Efforts In Apprehending Absconding Accused: Patna High Court Summons Two Former SSPs

The Patna High Court recently has summoned two former Senior Superintendents of Police, Patna, to explain the absconding of the petitioner accused after being granted provisional bail to participate in the last rites of his father. Justice Satyavrat Verma has summoned former Senior Superintendent of Police Garima Malik and Shri Upendra Sharma to explain the laxity. The SSP Patna submitted...

Time Limit Of 90 Days For Written Statement Under Order VIII Rule 10 Directory, But Courts Must Use The Discretion Sparingly : Gujarat High Court

The Bench comprising Justice Ashok Kumar Joshi at the Gujarat High Court has held that the maximum limit of 90 days for filing the written statement as under Order VIII Rule 1 is directory and not mandatory in nature. However, the Courts must exercise this discretion sparingly and not in the routine course. Background The Petitioner-Defendant prayed for setting aside the orders of...

Consent Given During Prior Sexual Acts Won't Extend To Future Occasions: Punjab And Haryana High Court

Stressing that law acknowledges a woman's right to have a sexual relationship, the Punjab and Haryana High Court has recently observed that the consent given during prior sexual acts won't extend to future occasions. The Bench of Justice Vivek Puri further remarked that the withdrawal of the consent for sexual act effectively nullifies the earlier consent and therefore, forcibly...

Probationer's Performance Assessment Is The Function Of Employer,Judicial Review Not Warranted Unless It Is Arbitrary and Capricious: Delhi High Court

The assessment of work and performance of a probationer is the function of the employer and the Court should only invoke its power of Judicial Review where such action is tainted by arbitrariness and capriciousness and the courts should be wary of substituting their opinion on such questions, Delhi High Court noted. Justice Yashwant Varma, in a case pertaining to alleged...

Public Needs To Be Educated Not To Use Footpath, Dedicated Track For Other Purposes: Madhya Pradesh High Court

Noting that at some places the general public is using footpaths for the purpose of parking, putting the signing board, or for business purposes, the Madhya Pradesh High Court recently said that the public needs to be educated not to use the footpath and dedicated track for other purposes.This assertion came from the Bench of Justice Vivek Rusia and Justice Rajendra Kumar Verma which was...

"Love Or Hate China But Can't Ignore It": Gujarat HC Stays Centre's Move To Withdraw Anti-Dumping Duty On PVC Flex Films

While hearing a case challenging the withdrawal of anti-dumping duty on the imports of "PVC Flex Films" from China, the Gujarat High Court on Tuesday observed that whether we love China, whether you hate China but we can't ignore China. This observation was made by the bench of Justice J. B. Pardiwala and Justice Nisha Thakore which was hearing a petition filed by one Qrex Flex Pvt...

Supreme Court Cancels Bail of Murder Accused; Says Patna High Court Ignored Gravity, Nature & Seriousness of Crime

On Monday, the Supreme Court pulled up the Patna High Court while hearing a challenge to a decision of the High Court granting bail to the accused. Setting aside the decision and quashing the bail granted, a Division Bench of M.R. Shah and Sanjiv Khanna noted that the High Court did not record reasons for the grant of bail, not considering the gravity nature and seriousness of the...

Mutual Consent Divorce: Gujarat HC Refuses To Waive Off 6 Months Cooling Period For Couple Who Lived Together For 12 Days

The Gujarat High Court recently upheld an order of the family court refusing to waive off the statutory 6 months cooling period in a plea by a couple seeking a mutual divorce who lived with each other for a period of 12 days only.The Bench of Justice A. C. Joshi observed that the family court rightly passed the order refusing to waive off the cooling period therefore, there was no requirement...

'This Heated Exchange Enriches Us': Bombay HC CJ After Navroz Seervai's Arguments In Maharashtra DGP Matter

There was an intense hearing session in the Bombay High Court yesterday in the case relating to the appointment of the Director-General of Police of Maharashtra, with Senior Advocate Navroz Seervai, appearing for the Acting DGP Sanjay Pandey, seeking the right to be heard in the matter.A bench led by Chief Justice Dipankar Dutta was hearing a PIL seeking directions to the State Government to...

Kerala High Court Issues Directions To Regulate Crowd Funding For Treatment Of Rare Diseases

The Kerala High Court has issued a set of directions to the State and the Central governments in an attempt to make available adequate funds for treating patients suffering from rare diseases, particularly for those who cannot afford such expenses, to enforce the rights guaranteed to the citizens under Article 21 of the Constitution. Justice P.B. Suresh Kumar directed the Centre and State to...

Builder Can't Levy Maintenance Charge On Flat Purchasers Without Obtaining Occupancy Certificate: NCDRC

The National Consumer Disputes Redressal Commission (NCDRC) has recently held that in the absence of obtaining an occupancy certificate, maintenance on the project cannot be charged from the buyers.Presiding Member S.M. Kantikar and Member Binoy Kumar directed the builders to pay a delay compensation at the rate of 9% per annum from the proposed date of possession, including the grace period...